English 
Spanish Prescription errors can cause severe or even catastrophic injury, depending on the error. In some cases, medication mistakes can even lead to death. A personal injury lawyer from our team can help you determine what compensation you can recover for a prescription error.
Recoverable Prescription Malpractice Damages
Recoverable compensation for medical errors depends on your specific circumstances; however, your medical malpractice lawyer can seek compensation for
Medical Bills
Common damages in healthcare lawsuits include:
- Emergency transport
- Hospitalization costs
- Emergency room copays
- Prescription medications
- Physical therapy if the prescription error caused issues with your body (e.g., a stroke can paralyze part of your body or require you to relearn basic motor skills)
We can also fight to recover the costs of any medical treatment you will need in the future. If you have other medical bills, we will also include those.
Lost Wages
If you needed to take time off work while you were in the hospital or at home recovering from your injuries, we can include the wages you lost during this time in your medical malpractice claim.
Lost Earning Capacity
If your prescription medication error-related injuries require you to take a lower-paying job or leave you unable to work, you can seek fair compensation for your lost future salary and benefits.
Pain and Suffering
You may also be entitled to damages for the non-economic damages you suffered, including:
- Inconvenience
- Mental anguish and emotional distress
- Depression
- Anxiety
- Sleep issues
Wrongful Death Damages
According to StatPearls, approximately 7,000 to 9,000 people die each year due to medication errors. If you lost a loved one due to a medication error, our legal team offers our most sincere condolences. We can seek justice for your loved one through a wrongful death claim or lawsuit to recover compensation for:
- Funeral and burial costs
- Lost financial support
- Medical bills your loved one incurred before their passing
- The loss of household services (e.g., childcare, yard work, etc.)
- Loss of consortium
- Lost benefits
- Loss of companionship, comfort, care, and protection
We know nothing will bring your loved one back, but recovering this compensation can give you the space and time you need to grieve, rather than worrying about how you can handle these new expenses and lost support.
Whom Can I Hold Liable for a Prescription Error?
You may be able to hold anyone who incorrectly prescribes, administers, or dispenses a medication liable for a prescription error, including a:
- Doctor
- Physician’s assistant
- Pharmacist
- Nurse or nurse practitioner
- Hospital or practice
Drug manufacturers may also be held liable if they created a dangerous drug. Our medical negligence attorneys will investigate your case to determine whom we can hold liable and whether you are eligible to join a mass tort lawsuit.
Common Types of Prescription Errors
Both doctors and pharmacists can make prescription errors. Common types of errors include:
- Prescribing the wrong medication
- Prescribing the wrong dosage of a medication
- Prescribing a contraindicated medication
- Prescribing a medication they know (or should have known) the patient is allergic to
- Prescribing an inappropriate medication for the patient’s condition
- Failing to warn a patient about potential contraindications (e.g., doctors and pharmacists should tell patients taking blood thinners they should avoid drinking grapefruit juice.)
- Giving a prescription to the wrong patient
- Not telling patients that they need to take the prescription at a certain time or in a certain situation (e.g., in the morning, with food, without food)
- Giving a patient a medication that is expired or has been recalled
The Statute of Limitations for Medication Error Lawsuits
You deserve compensation for any damages you sustained due to a prescription error. However, it’s essential to note that if you don’t file a lawsuit within the statute of limitations, you risk your ability to get the compensation you need.
Per CCP § 340.5, you typically have only three years to file a medical malpractice lawsuit in California. This may seem like a long time, but building a case can take months or longer. Determining exactly how the prescription error affected you can also take time.
You must also notify the medical professional of your intended legal action at least 90 days in advance, per CCP § 364. If you fail to file this notice (or don’t wait 90 days after the notice before filing suit), the court will likely dismiss your claim.
Your medical malpractice attorney will determine the value of your case, manage all aspects of the legal process, and keep track of deadlines.
Get Legal Help With Recovering Compensation for a Prescription Error Today
Proving a prescription drug error is difficult, but our team will handle it on your behalf. KJT Law Group takes cases on a contingency-fee basis, so you don’t need to worry about how you’ll pay us. You only pay us if we recover compensation for you.
Call us to see what we can do for you today: (818) 507-8525. Your first consultation is free.
